At Lawyers by the Bay in Mornington, VIC, we understand that parenting issues can be particularly challenging during and after separation. Our dedicated team of family law experts is here to offer practical legal assistance to help you navigate these complexities with compassion and clarity. Custody disputes can be emotionally draining and legally intricate. We provide expert legal guidance to help you understand your rights and options. Our approach focuses on reaching amicable solutions that are in the best interests of your children while also advocating for your parental rights.
Determining Child Custody Arrangements
There are two ways to determine child custody arrangements: either through a Parenting Plan or Consent Orders.
Parenting Plan
A parenting plan is a flexible, written agreement between parents outlining child arrangements. It is informal and does not require court involvement, making it easy to adjust as needed. This can be particularly useful when the children are young and the needs of the children will change over a short period of time.
Parenting plans are not enforceable by the Court if they are breached, but the Court will take into consideration the terms of a parenting plan if court proceedings are commenced after the parties enter into a parenting plan.
Consent Orders
Consent Orders are formal, legally binding court orders reflecting agreed-upon parenting arrangements. They provide structure and certainty but may limit flexibility. Consent Orders can also prevent common-sense discussions and variations in children's normal living arrangements, which is why, in some cases, parenting plans may be preferable over consent orders.
Ideally, parents—the ones who have to live with these arrangements—should make these decisions, not the Court. This area of family law can be a complex matter, and the Court also considers the rights of others (apart from parents) to be involved in the child's life, including grandparents, other relatives, and foster parents.
If both parents cannot agree on parenting arrangements, Family Dispute Resolution (mediation) is the next step to help them reach an agreement.
The Legal Stuff – Children's Rights and Parental Responsibility
Under Australian law, children have the right to maintain a meaningful relationship with both parents and to be protected from harm. The Family Law Act 1975 ensures decisions are made in the child's best interests without gender bias. When a family court is making a decision about a child, the Court will make an order that is in the best interests of the child.
Parental Responsibility
This encompasses the duties, powers, responsibilities and authority that parents have in relation to their children.
Equal shared parental responsibility does not equate to equal time. A Court may assign parental responsibility to one parent or a legal guardian or adjust it based on what is best for the child. There is no rule that children must spend equal or "50:50" time with each parent.
There are all sorts of different ways that separated families can make sure that their children have ongoing relationships with both of their parents. If you and your former partner agree on the future arrangements for children, you do not have to go to Court. You can make a parenting agreement or obtain 'consent orders' for parenting orders approved by a court.
Financial Responsibility
Both parents also have a duty to support the child financially after separation, regardless of who the child lives with. Parents can manage this by themselves or by applying for a child support assessment.
The Department of Human Services administers the child support program, assisting parents to provide support for their children.
Information about the child support program is available on the Department of Human Services website.
We are committed to offering practical support for all parenting issues. Call us at 03 8680 2549 for professional and compassionate legal services.